logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.17 2016가합746
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 350,00,000 and the interest rate of KRW 15% per annum from March 22, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including the number of each branch number), as to the cause of the claim, the following facts: (i) on October 24, 2004, Tae National Foundation Construction Co., Ltd. (hereinafter referred to as " Tae National Foundation Construction") entered into a contract for construction works to newly construct a dormitory with the Defendant on the ground of Taewon National University of Arts on the land of 784-21, Taeju-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si; (ii) on the said contract amount was set at KRW 4.5 billion, but the said contract amount was reduced to KRW 3.65 billion on April 6, 2015; and (iii) on September 25, 2015, the Plaintiff was obligated to collect and collect KRW 350 million on the completion of the said construction works and to receive KRW 300,500,00,000 from the construction price incurred in the future.

As to the Defendant’s assertion, the Defendant asserts that, after the Defendant decided to reduce the construction cost of this case by KRW 3,043,40,000, the Defendant already paid the construction cost of KRW 2 billion to the Taecheon Construction, and the remainder of the construction cost was a direct payment agreement to be paid directly to the subcontractor on October 20, 2015, prior to the delivery of the collection order for the seizure and collection of this case, the Plaintiff’s claim for seizure and collection was all extinguished until the delivery of the collection order for the instant case.

On June 30, 2015, according to the evidence evidence No. 1, it is recognized that the defendant prepared a contract form with the Unified Construction and the contract amount of KRW 3,043,400,000 on June 30, 2015, but the above facts alone do not exist at the time of delivery of the above seizure and collection order.

arrow